THE ASSAM REORGANISATION (MEGHALAYA) ACT, 1969 
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ARRANGEMENT OF SECTIONS 
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PART I 

PRELIMINARY  

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

PART II 

FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA 

3.  Formation of Meghalaya. 
4.  Executive power of Meghalaya. 
5.  Extent of executive power of Meghalaya. 
6.  Council of Ministers. 
7.  Other provisions as to Ministers. 
8.  Advocate-General for Meghalaya. 
9.  Conduct of business. 
10.  Duties of Chief Minister as respects the furnishing of information to Governor, etc. 

PART III 

THE LEGISLATURE 

General 

11.  Constitution of the Legislature of Meghalaya. 
12.  Delimitation of constituencies. 
13.  Power of Election Commission to maintain delimitation orders up-to-date. 
14.  Electors and electoral rolls. 
15.  Right to vote. 
16.  Qualification for membership. 
17.  Election to the Legislative Assembly. 
18.  Duration of Legislative Assembly. 
19.  Sessions of Legislative Assembly, prorogation and dissolution. 
20.  Right of Governor to address and send messages to Legislative Assembly. 
21.  Special address by the Governor. 
22.  Rights of Ministers as respects Legislative Assembly. 
23.  Speaker and Deputy Speaker of Legislative Assembly. 
24.  Speaker and Deputy Speaker not to preside while a resolution for his removal from office is under 

consideration. 

25.  Secretariat of Legislative Assembly. 

26.  Oath or affirmation by members. 
27.  Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum. 

Conduct of business 

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SECTIONS 

Disqualifications of members 

28.  Vacation of seats. 
29.  Disqualifications for membership. 
30.  Penalty for sitting and voting before making an oath or affirmation or when not qualified or when 

disqualified. 

31.  Powers, privileges, etc., of members. 
32.  Salaries and allowances of members. 

Legislative powers and procedure 

33.  Extent of Legislative power. 
34.  Exemption from taxation of properties of the Union and the State of Assam and of certain 

vehicles registered in Assam or Meghalaya. 

35.  Inconsistency between laws made by Parliament and laws made by the Legislature of Meghalaya. 
36.  Inconsistency between laws made by the Legislature of the State of Assam and laws made by the 

Legislature of Meghalaya. 

37.  Special provisions as to financial Bills. 
38.  Procedure as to lapsing of Bills. 
39.  Assent to Bills. 
40.  Bills reserved for consideration. 
41.   Requirements as to sanction and recommendation to be regarded as matters of procedure only. 

Procedure in financial matters 

42.  Annual Financial Statement. 
43.  Procedure in Legislative Assembly with respect to estimates. 
44.  Appropriation Bills. 
45.  Supplementary, additional or excess grants. 
46.  Votes on Account and exceptional grant. 

Procedure generally 

47.  Rules of procedure. 
48.  Restrictions on discussion in the Legislative Assembly. 
49.  Courts not to enquire into the proceedings of Legislative Assembly. 

Legislative power of the Governor 

50.  Power of Governor to promulgate Ordinances during recess of Legislative Assembly. 

PART IV 

FINANCIAL PROVISIONS 

51.  Consolidated Fund. 
52.  Contingency Fund. 
53.  Custody of suitors’ deposits and other moneys received by public servants and courts. 
54.  Custody, etc., of Consolidated Fund, Contingency Fund and moneys credited to the public 

account. 

55.  Certain taxes levied by Assam to be appropriated by Meghalaya. 
56.  Distribution of revenues. 
57.  Authorisation of expenditure pending its sanction by Legislative Assembly. 

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PART V 

ASSETS AND LIABILITIES 

SECTIONS 

58.  Apportionment of assets and liabilities. 

PART VI 

ADMINISTRATIVE RELATIONS 

59.  Obligation of Meghalaya, the State of Assam and the Union. 
60.  Control over the autonomous State in certain cases. 
61.  Entrustment of functions. 

PART VII 

TRANSITIONAL PROVISIONS 

62.  Provisions as to Provisional Legislative Assembly. 

PART VIII 

MISCELLANEOUS PROVISIONS 

63.  Special Committee for development of Shillong. 
64.  Provisions as to continuance of courts. 
65.  Provisions relating to services. 
66.  Continuance of existing laws and their adaptations. 
67.  Autonomous State to be a State for certain purposes of the Constitution. 
68.  Power of Governments of Assam and Meghalaya to carry on trade, etc., in Meghalaya. 
69.  Power to suspend provisions of this Act in case of failure of constitutional machinery. 
70.  Construction of reference to ―State‖ and ―State Government‖ in other laws in relation to 

Meghalaya. 

71.  Power to construe laws. 
72.  Effect of provisions of Act inconsistent with other laws. 
73.  Power to remove difficulties. 
74.  Amendment of the Sixth Schedule. 
75.  Amendment of Act 2 of 1934. 
76.  Amendment of Act 37 of 1956. 
77.  Power to make rules. 

THE FIRST SCHEDULE. 
THE SECOND SCHEDULE. 
THE THIRD SCHEDULE. 
THE FOURTH SCHEDULE. 

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THE ASSAM REORGANISATION (MEGHALAYA) ACT, 1969 

ACT NO. 55 OF 1969 

An  Act  to  provide  for  the  formation  within  the  State  of  Assam  of  an  autonomous  State  to  be 

known as Meghalaya and for matters connected therewith. 

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— 

[29th December, 1969.] 

PART I 

PRELIMINARY  

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Assam  Reorganisation 

(Meghalaya) Act, 1969. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  ―appointed  day‖  means  such  date  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint for the formation of the autonomous State; 

(b) ―article‖ means an article of the Constitution; 

(c) ―autonomous State‖ means the autonomous State of Meghalaya formed under section 3; 

(d) ―constituency‖ means a territorial constituency provided by order made under section 12 for 

the purpose of election to the Legislative Assembly; 

(e)  ―Election  Commission‖  means  the  Election  Commission  appointed  by  the  President  under 

article 324; 

(f) ―Governor‖ means the Governor of Assam exercising his functions as Governor in relation to 

Meghalaya by virtue of this Act; 

(g)  ―law‖  includes  any  enactment,  Ordinance,  regulation,  order,  bye-law,  rule,  scheme, 
notification or other instrument, having immediately before the appointed day, the force of law in the 
whole or in any part of the autonomous State; 

(h) ―Legislative Assembly‖ means the Legislative Assembly of Meghalaya; 

(i) ―Meghalaya‖ means the autonomous State referred to in section 3; 

(j) ―member‖ means a member of the Legislative Assembly; 

(k) ―Official Gazette‖ means the Official Gazette of Meghayala or the Gazette of India; and 

(l) ―prescribed‖ means prescribed by rules made under this Act. 

1. 12th January, 1970, vide notification No. G.S.R. 74, 12th January, 1970, in respect of sections 2 and 3, see Gazette of India, 

Extraordinary, Part II, sec. 3(i). 
30th January, 1970, vide notification No. G.S.R. 182, dated 30th January, 1970, in respect of sections 11, 12, 13, 16, 17, 28, 

29, 62, 73 and 77, see Gazette of India, Extraordinary, Part II, sec. 3(i). 

25th February, 1970, vide notification No. G.S.R. 310, dated 25th  February, in respect of sections 11, 12, 13, 16, 17, 28, 29, 

62, 73 and 77 1970,  see Gazette of India, Extraordinary, Part II, sec. 3(i). 

2nd April, 1970, vide notification No. G.S.R. 493, dated 2th March, 1970, in respect of the provisions (other than those which 

have already been brought into force), see Gazette of India, Extraordinary, Part II, sec. 3(i). 

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FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA 

PART II 

3. Formation of Meghalaya.—(1) On and from the appointed day, there shall be formed within the 
State of Assam an autonomous State to be known as Meghalaya which shall, subject to the provisions of 
sub-section (2), comprise the following tribal areas, namely:— 

(i) The United Khasi Jaintia Hills District as described in sub-paragraph (2) of paragraph 20 of 
the  Sixth  Schedule  to  the  Constitution  (exclusive  of  the  proviso  thereto)  but  excluding  the  areas 
transferred  to  the  Mikir  Hills  autonomous  district  by  the  notification  of  the  Government  of  Assam  
No. TAD/R/31/50/149 dated the 13th April, 1951, and 

(ii) the Garo Hills District specified in Part A of the table appended to paragraph 20 aforesaid. 

(2) If, before such date as the Central Government may, by notification in the Official Gazette, fix for 
the purpose not being a date later than the appointed day, the District Council for the autonomous district 
of the North Cachar Hills or the Mikir Hills or both, as the case may be, has or have by resolution passed 
by  a  majority  of  not  less  than  two-thirds  of  the  members  thereof,  expressed  a  desire  that  the  said 
autonomous  district  or  districts  shall  form  part  of  Meghalaya,  the  President  may,  by  order,  make  a 
declaration to that effect and accordingly, on and from the appointed day, the North Cachar Hills District 
or the Mikir Hills District or both, as the case may be, shall also form part of Meghalaya. 

 4. Executive power of Meghalaya.—(1) The executive power of Meghalaya shall be vested in the 
Governor  and  shall  be  exercised  by  him  either  directly  or  through  officers  subordinate  to  him  in 
accordance with this Act. 

(2) Nothing in this section shall— 

(a)  be  deemed  to  transfer  to  the  Governor  any  functions  conferred  by  any  existing  law  on  any 

other authority; or 

(b) prevent Parliament or the Legislature of the State of Assam or Meghalaya from conferring by 

law functions on any authority subordinate to the Governor. 

5. Extent of executive power of Meghalaya.—(1) Subject to the provisions of this Act, the executive 
power of Meghalaya shall extend to the matters with respect to which the Legislature of Meghalaya has 
power to make laws: 

Provided that in any matter with respect to which the Legislature of Meghalaya, the Legislature of the 
State  of  Assam  and  Parliament  have  power  to  make  laws,  the  executive  power  of  Meghalaya  shall  be 
subject to, and limited by, the executive power expressly conferred by this Act, or by any law made by 
Parliament upon the Union or the State of Assam or the authorities thereof or, as the case may be, by the 
Legislature of the State of Assam upon the State of Assam or authorities thereof. 

(2) On and from the appointed day, the executive power of the State of Assam shall not extend, in 
relation to  Meghalaya  to the  matters  with  respect to which  the  Legislature  of Meghalaya  has  exclusive 
power to make laws under this Act. 

(3) For the removal of doubts, it is hereby declared that, save as otherwise provided in this Act, the 
executive power of the State of Assam shall, in relation to Meghalaya, continue to extend to the matters 
with respect to which the Legislature of Meghalaya has no power to make laws. 

6.  Council  of  Ministers.—(1) There  shall be a  Council  of Ministers  with  the Chief  Minister  at the 

head to aid and advice the Governor in the exercise of his functions in relation to Meghalaya. 

(2) The question whether any, and if so, what, advice was tendered by Ministers to the Governor shall 

not be inquired into in any court. 

7.  Other  provisions  as  to  Ministers.—(1)  The  Chief  Minister  shall  be  appointed  by  the  Governor 
and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the 
Ministers shall hold office during the pleasure of the Governor. 

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 

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(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office 

and of secrecy according to the form set out for this purpose in the First Schedule. 

(4)  A  Minister  who  for  any  period  of  six  consecutive  months  is  not  a  member  of  the                     

Legislative Assembly shall at the expiration of that period cease to be a Minister. 

(5) The salaries and allowances of Ministers shall be such as the Legislature of Meghalaya may from 
time  to  time  by  law  determine  and,  until  the  Legislature  so  determines,  shall  be  determined  by  the 
Governor. 

8.  Advocate-General for  Meghalaya.—(1) The  Governor  may,  if  he  thinks  fit to  do  so,  appoint  a 

person who is qualified to be appointed a Judge of a High Court to be Advocate-General for Meghalaya. 

(2) It shall be the duty of the Advocate-General to give advice to the Government of Meghalaya upon 
such legal matters, and to perform such other duties of a legal character as may, from time to time, be 
referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under 
this Act or any other law for the time being in force. 

(3)  The  Advocate-General  shall  hold  office  during  the  pleasure  of  the  Governor,  and  shall  receive 

such remuneration as the Governor may determine. 

9.  Conduct  of  business.—(1)  All  executive  actions  of  the  Government  of  Meghalaya  shall  be 

expressed to be taken in the name of the Governor. 

(2)  Orders  and  other  instruments  made  and  executed  in  the  name  of  the  Governor  shall  be 
authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of 
an order or instrument which is so authenticated shall not be called in question on the ground that it is not 
an order or instrument made or executed by the Governor. 

(3)  The  Governor  shall  make  rules  for  the  more  convenient  transaction  of  the  business  of  the 

Government of Meghalaya and for the allocation among Ministers of the said business. 

10. Duties of Chief Minister as respects the furnishing of information to Governor, etc.—It shall 

be the duty of the Chief Minister of Meghalaya— 

(a)  to  communicate  to  the  Governor  all  decisions  of  the  Council  of  Ministers  relating  to  the 

administration of the affairs of Meghalaya and proposals for legislation; 

(b)  to  furnish  such  information  relating  to  the  administration  of  the  affairs  of  Meghalaya  and 

proposals for legislation as the Governor may call for; and 

(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any 
matter on which a decision has been taken by a Minister but which has not been considered by the 
Council.  

PART III 

THE LEGISLATURE 

General 

11. Constitution of the Legislature of Meghalaya.—(1) There shall be a Legislature for Meghalaya 

which shall consist of the Governor and the Legislative Assembly. 

(2) The  total  number  of  seats  in the  Legislative  Assembly  to  be  filled  by  persons  chosen  by  direct 
election from constituencies in Meghalaya shall be fixed by the Central Government by notification in the 
Official Gazette after consultation with the Election Commission, but shall not be less than thirty-five or 
more than fifty-five. 

(3)  The  Governor  may,  if  he  is  of  opinion  that  any  minority  communities  in  Meghalaya  need 
representation in the Legislative Assembly and are not adequately represented therein, nominate not more 
than  three  members  of  such  communities,  not  being  persons  in  the  service  of  the  Government,  to  the 
Legislative Assembly. 

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12.  Delimitations  of  constituencies.—(1)  The  Election  Commission  shall,  in  the  manner  herein 
provided, distribute the total number of seats in the Legislative Assembly as fixed under sub-section (2) 
of section 11 to single member constituencies and delimit them on the basis of the latest census figures 
having regard to the following provisions, namely:— 

(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in 
delimiting  them,  regard  shall  be  had  to  the  physical  features,  existing  boundaries  of  administrative 
units, facilities of communication and public convenience; 

(b) every constituency shall be so delimited as to fall only within an Assembly constituency of the 

Legislative Assembly of the State of Assam; 

(c)  the  population  of  each  constituency  shall,  as  far  as  practicable,  be  the  same  throughout 

Meghalaya. 

(2) For the purpose of assisting the Election Commission in the performance of its functions under 
this section, the Commission shall associate with itself such number of associate members not exceeding 
five as the Governor may nominate to represent Meghalaya: 

Provided that none of the associate members shall have a right to vote or to sign any decision of the 

Election Commission. 

(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as 

soon as may be practicable by the Governor in accordance with the provisions of sub-section (2). 

(4) The Election Commission shall— 

(a)  publish  its  proposals  for  the  delimitation  of  constituencies,  together  with  the  dissenting 
proposals,  if  any,  of  any  associate  member  who  desires  publication  thereof,  in  the  Official  Gazette 
and  in  such  other  manner  as  the  Commission  may  consider  fit,  together  with  a  notice  inviting 
objections  and  suggestions  in  relation  to  the  proposals  and  specifying  a  date  on  or  after  which  the 
proposals will be further considered by it; 

(b) consider all objections and suggestions which may have been received by it before the date so 
specified, and for the purpose of such consideration hold one or more public sittings at such place or 
places as it may think fit; 

(c) after considering all objections and suggestions which may have been received by it before the 
date so specified, determine by one or more orders the delimitation of constituencies and cause such 
order or orders to be published in the Official Gazette; and upon such publication, the order or orders 
shall have the full force of law and shall not be called in question in any court. 

(5)  As  soon  as  may  be  after  such  publication,  every  such  order  shall  be  laid  before  the              

Legislative Assembly. 

(6) Upon the completion of each census, the total number of seats in the Legislative Assembly and the 
division  of  Meghalaya  into  territorial  constituencies  shall  be  readjusted  by  such  authority  and  in  such 
manner as Parliament may by law determine: 

Provided that such readjustment shall not affect representation in the Legislative Assembly until the 

dissolution of the then existing Assembly. 

Explanation.—In  this  section,  ―latest  census  figures‖  mean  the  census  figures  with  respect  to 

Meghalaya ascertainable from the latest census of which the finally published figures are available. 

13. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election 

Commission may, from time to time by notification in the Official Gazette,— 

(a) correct any printing mistake in any order made under section 12 or any error arising therein 

from inadvertent slip or omission; 

(b) where the boundaries or name of any territorial division mentioned in any such order are or is 
altered, make such amendments as appear to it to be necessary or expedient for bringing such order 
up-to-date. 

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(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the 

Legislative Assembly. 

14. Electors and electoral rolls.—(1) The persons entitled to vote at an election of members shall be 
the persons entitled by virtue of the provisions of the Constitution and the Representation of the People 
Act, 1950 (43 of 1950) to be registered as voters at elections to the House of the People. 

(2)  The  electoral  roll  for  every  constituency  shall  consist  of  so  much  of  the  electoral  roll  for  an 
Assembly  constituency  of  the  Legislative  Assembly  of  the  State  of  Assam  as  relates  to  the  areas 
comprised within each such constituency and it shall not be necessary to prepare or revise separately the 
electoral roll for any such constituency. 

15. Right to vote.—Every person, whose name is for the time being entered in the electoral roll for a 

constituency, shall be entitled to vote at the election of a member from that constituency. 

16. Qualification for membership.—A person shall not be qualified to be chosen to fill a seat in the 

Legislative Assembly unless he— 

(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by 
the Election Commission an oath or affirmation according to the form set out for the purpose in the 
First Schedule; 

(b) is not less than twenty-five years of age; and 

(c) is an elector in any constituency in Meghalaya. 

17. Election to the Legislative Assembly.—The provisions of Part I, Chapters III and IV of Part II 
and Parts III to XI of the Representation of the People Act, 1951 (43 of 1951), and of any rules and orders 
made  thereunder  for  the  time  being  in  force,  shall  apply  to  and  in  relation  to  the  elections  to  the 
Legislative  Assembly  of  Meghalaya  as  they  apply  to  and  in  relation  to  an  election  to  the                  
Legislative  Assembly  of  a  State,  subject  to  such  modifications  as  the  President  may,  after  consultation 
with the Election Commission, by order, direct. 

18.  Duration  of  Legislative  Assembly.—The  Legislative  Assembly,  unless  sooner  dissolved,  shall 
continue for five years from the date appointed for its first meeting and no longer, and the expiration of 
the said period of five years shall operate as a dissolution of the Legislative Assembly: 

Provided  that  the  said  period  may,  while  a  Proclamation  of  Emergency  issued  under  clause  (1)  of 
article 352 is in operation, be extended by Parliament by law for a period not exceeding one year at a time 
and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. 

19. Sessions of Legislative Assembly, prorogation and dissolution—(1) The Governor shall, from 
time to time summon the Legislative Assembly to meet at such time and place as he thinks fit, but six 
months shall not intervene between its last sitting in one session and the date appointed for its first sitting 
in the next session. 

(2) The Governor may, from time to time,— 

(a) prorogue the Legislative Assembly; 

(b) dissolve the Legislative Assembly. 

20. Right of Governor to address and send messages to Legislative Assembly.—(1) The Governor 

may address the Legislative Assembly and may for that purpose require the attendance of members. 

(2) The Governor may send messages to the Legislative Assembly, whether with respect to a Bill then 
pending  in  the  Legislative  Assembly  or  otherwise  and  when  a  message  is  so  sent,  the  Legislative 
Assembly shall with all convenient despatch consider any matter required by the message to be taken into 
consideration. 

 21.  Special  address  by  the  Governor.—(1)  At  the  commencement  of  the  first  session  after  each 
general election to the Legislative Assembly and at the commencement of the first session of each year, 
the  Governor  shall  address  the  Legislative  Assembly  and  inform  the  Assembly  of  the  causes  of  its 
summons. 

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(2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for the 

allotment of time for discussion of the matters referred to in such address. 

22.  Rights  of  Ministers  as  respects  Legislative  Assembly.—Every  Minister  and 
Advocate-General  for  Meghalaya  shall  have  the  right  to  speak  in,  and  otherwise  to  take  part  in  the 
proceedings of, the Legislative Assembly, and to speak in, and otherwise to take part in the proceedings 
of, any committee of the Legislative Assembly of which he may be named a  member, but shall not, by 
virtue of this section, be entitled to vote. 

the                  

Officers of the Legislative Assembly 

23. Speaker and Deputy Speaker of Legislative Assembly.—(1) The Legislative Assembly shall, as 
soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker 
thereof,  and,  so  often  as  the  office  of  Speaker  or  Deputy  Speaker  becomes  vacant,  the  Assembly  shall 
choose another member to be Speaker or Deputy Speaker, as the case may be. 

(2) A member holding office as Speaker or Deputy Speaker of the Legislative Assembly— 

(a) shall vacate his office if he ceases to be a member of the Assembly; 

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the 

Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and 

(c)  may  be  removed  from  his  office  by  a  resolution  of  the  Legislative  Assembly  passed  by  a 

majority of all the then members of the Assembly: 

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ 

notice has been given of the intention to move the resolution: 

Provided further that whenever the Legislative Assembly is dissolved, the Speaker shall not vacate his 

office until immediately before the first meeting of the Assembly after the dissolution. 

(3)  While  the  office  of  Speaker  is  vacant,  the  duties  of  the  office  shall  be  performed  by  the               

Deputy  Speaker  or,  if  the  office  of  Deputy  Speaker  is  also  vacant,  by  such  member  of  the  Legislative 
Assembly as the Governor may appoint for the purpose. 

(4)  During  the  absence  of  the  Speaker  from  any  sitting  of  the  Legislative  Assembly,  the                 

Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the 
Legislative  Assembly,  or,  if  no such person is  present,  such  other  person  as  may  be  determined  by  the 
Legislative Assembly, shall act as Speaker. 

(5)  There  shall  be  paid  to  the  Speaker  and  the  Deputy  Speaker  of  the  Legislative  Assembly  such 
salaries and allowances as may be respectively fixed by the Legislature of Meghalaya by law and, until 
provision  in  that  behalf  is  so  made,  such  salaries  and  allowances  as  the  Governor  may,  by  order, 
determine. 

24. Speaker and Deputy Speaker not to preside while a resolution for his removal from office is 
under  consideration.—(1)  At  any  sitting  of  the  Legislative  Assembly  while  any  resolution  for  the 
removal of the Speaker from his office is under consideration,  the Speaker, or, while any resolution for 
the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, 
though he is present, preside, and the provisions of sub-section (4) of section 23 shall apply in relation to 
every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the 
Deputy Speaker is absent. 

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the 
Legislative  Assembly  while  any  resolution  for  his  removal  from  office  is  under  consideration  in  the 
Legislative  Assembly  and  shall,  notwithstanding  anything  in  section  27,  be  entitled  to  vote  only  in  the 
first instance on such resolution or on any other matter during such proceedings but not in the case of an 
equality of votes. 

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25.  Secretariat  of  Legislative  Assembly.—(1)  The  Legislative  Assembly  shall  have  a  separate 

secretarial staff. 

(2) The Legislature of Meghalaya may by law regulate the recruitment, and the conditions of service 

of persons appointed, to the secretarial staff of the Legislative Assembly. 

(3) Until provision is made by the Legislature of Meghalaya under sub-section (2), the Governor may, 
after  consultation  with the Speaker  of the  Legislative Assembly,  make  rules regulating  the recruitment, 
and the conditions  of  service  of  persons appointed, to  the  secretarial  staff  of the  Legislative  Assembly, 
and  any  rules  so  made  shall  have  effect  subject  to  the  provisions  of  any  law  made  under  the  said          
sub-section. 

Conduct of business 

 26.  Oath  or  affirmation  by  members.—Every  member  of  the  Legislative  Assembly  shall,  before 
taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, 
an oath or affirmation according to the form set out for the purpose in the First Schedule. 

27.  Voting 

in  Assembly,  power  of  Assembly  to  act  notwithstanding  vacancies  and           

quorum.—(1)  Save  as  otherwise  provided  in  this  Act,  all  questions  at  any  sitting  of  the                   
Legislative Assembly shall be determined by majority of votes of the members present and voting other 
than the Speaker or person acting as such. 

(2)  The  Speaker  or  person  acting  as  such  shall  not  vote  in  the  first  instance,  but  shall  have  and 

exercise a casting vote in the case of an equality of votes. 

(3)  The  Legislative  Assembly  shall  have  power  to  act  notwithstanding  any  vacancy  in  the 
membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding that 
it  is  discovered subsequently  that some  person  who was  not entitled  so  to  do  sat  or  voted  or otherwise 
took part in the proceedings. 

(4) Until the Legislature of Meghalaya by law otherwise provides, the quorum to constitute a meeting 

of the Legislative Assembly shall be ten members. 

(5) If at any time during a  meeting of the Legislative Assembly there is no quorum, it shall be the 
duty of the Speaker or person acting as such either to adjourn the Assembly or suspend the meeting until 
there is a quorum. 

Disqualifications of members 

28.  Vacation  of  seats.—(1)  No  person  shall  be  a  member  of  Parliament  or  of 
Legislative Assembly of the State of Assam and also of the Legislative Assembly of Meghalaya, and if a 
person  is  chosen  a  member  of  Parliament  or  of  the  Legislative  Assembly  of  Assam  and  also  of  the 
Legislative Assembly of Meghalaya, then, at the expiration of such period, as may be specified in rules 
made  by  the  President,  that  person’s  seat  in  Parliament  or,  as  the  case  may  be,  in  the                         
Legislative  Assembly  of  Assam,  shall  become  vacant  unless  he  has  previously  resigned  his  seat  in  the 
Legislative Assembly of Meghalaya. 

the                      

(2) If a member of the Legislative Assembly— 

(a) becomes subject to any of the disqualifications mentioned in section 29, or 

(b) resigns his seat by writing under his hand addressed to the Speaker,  

his seat shall thereupon become vacant. 

(3) If for a period of sixty days a member of the Legislative Assembly is, without permission of the 

Legislative Assembly, absent from all meetings thereof, the Assembly may declare his seat vacant: 

Provided  that  in  computing  the  said  period  of  sixty  days  no  account  shall  be  taken  of  any  period 
during which the Legislative Assembly is prorogued or is adjourned for more than four consecutive days. 

10 

 
 
 
29. Disqualification for membership.—(1) A person shall be disqualified for being chosen as, and 

for being, a member of the Legislative Assembly,— 

(a) if he holds any office of profit under the Government of India or the Government of any State 
or the Government of Meghalaya other than an office declared by the Legislature of Meghalaya by 
law not to disqualify its holder; or 

(b) if he is of unsound mind any stands so declared by a competent court; 

(c) if he is an undischarged insolvent; 

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is 

under any acknowledgment of allegiance or adherence to a foreign State; 

(e)  if  he  is  so  disqualified  by  or  under  any  of  the  provisions  of  Chapter  III  of  Part  II  of  the 

Representation  of  the  People  Act,  1951  (43  of  1951),  as  applied  to  and  in  relation  to  the              
Legislative Assembly by section 17. 

(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the 
Government of India or the Government of any State or the Government of Meghalaya by reason only, 
that he is a Minister either for the Union or for such State or for Meghalaya. 

(3) If any question arises as to whether a member has become disqualified for being such  a member 
under the provisions of sub-section (1), the question shall be referred for the decision of the Governor and 
his decision shall be final. 

(4)  Before  giving  any  decision  on  any  such  question,  the  Governor  shall  obtain  the  opinion  of  the 

Election Commission and shall act according to such opinion. 

30. Penalty for sitting and voting before making an oath or affirmation or when not qualified or 
when  disqualified.—If  a  person  sits  or  votes  as  member  of  the  Legislative  Assembly  before  he  has 
complied  with  the  requirements  of  section  26,  or  when  he  knows  that  he  is  not  qualified  or  that  he  is 
disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law 
made by Parliament or the Legislature of Meghalaya, he shall be liable in respect of each day on which he 
so sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to Meghalaya. 

31. Powers, privileges, etc., of members.—(1) Subject to the provisions of this Act and to the rules 
and standing orders regulating the procedure of the Legislature of Meghalaya, there shall be freedom of 
speech in the Legislative Assembly of Meghalaya. 

(2) No member of the Legislative Assembly of Meghalaya shall be liable to any proceedings in any 
court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and 
no person shall be so liable in respect of the publication by or under the authority of the Assembly of any 
report, paper, votes or proceedings. 

(3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the 
members and the committees thereof shall be such as may from time to time be defined by the Legislature 
of Meghalaya by law, and until so defined, shall be those for the time being enjoyed by the House of the 
People and its members and committees. 

(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of 
this  Act  have  the  right  to  speak  in,  or  otherwise  to  take  part  in  the  proceedings  of,  the  Legislative 
Assembly or any committee thereof as they apply in relation to members of that Assembly. 

 32. Salaries and allowances of members.—Members of the Legislative Assembly shall be entitled 
to  receive  such  salaries  and  allowances  as  may  from  time  to  time  be  determined  by  the  Legislature  of 
Meghalaya  by  law  and,  until  provision  in  that  respect  is  so  made,  such  salaries  and  allowances  as  the 
Governor may, by order, determine. 

11 

 
 
 
Legislative powers and procedure 

 33.  Extent  of  Legislative  power.—(1)  Subject  to  the  provisions  of  this  Act,  the  Legislature  of 
Meghalaya has exclusive power to make laws for Meghalaya or any part thereof with respect to any of the 
matters enumerated in Part A or Part B of the Second Schedule: 

Provided that the exclusive power of the Legislature of Meghalaya to make laws in so far as it relates 
to  that  part  of  the  area  comprised  within  the  municipality  of  Shillong  as  immediately  before  the 
commencement  of  the  Constitution  formed  part  of  the  Khasi  State  of  Mylliem,  shall  extend  only  to 
matters with respect to which the District Council having authority in that area has power to make laws 
(in  whatever  form  it  may  be)  immediately  before  the  appointed  day  in  exercise  of  any  of  the  powers 
conferred by the Sixth Schedule to the Constitution. 

(2)  Subject  to  the  provisions  of  this  Act,  the  Legislature  of  Meghalaya  and  the  Legislature  of  the  
State of Assam also shall have power to make laws for Meghalaya or any part thereof with respect to any 
of the matters enumerated in Part C of the Second Schedule: 

Provided that the power of the Legislature of Meghalaya to make any such law shall not extend to the 
area comprised within the municipality of Shillong which immediately before the commencement of the 
Constitution formed part of the Khasi State of Mylliem. 

(3) For the removal of doubt it is hereby declared that nothing in sub-section (1) or sub-section (2) 

shall derogate from the powers conferred by the Constitution— 

(a)  on  Parliament  to  make  laws  for  the  whole  or  any  part  of  the  State  of  Assam,  including 

Meghalaya, with respect to any of the matters enumerated in the Second Schedule; or 

(b) on the Legislature of the State of Assam to make laws for the whole or any part of Assam, 
including Meghalaya, with respect to any of the matters enumerated in List II or List II in the Seventh 
Schedule  to  the  Constitution,  except  in  so  far  as  any  of  the  matters  aforesaid  falls  within                      
sub-section (1). 

34. Exemption from taxation of properties of the Union and the State of Assam and of certain 
vehicles  registered  in  Assam  or  Meghalaya.—(1)  The  property  of  the  Union  shall,  save  in  so  far  as 
Parliament may, by law, otherwise provide, be exempt from all taxes imposed by Meghalaya or by any 
authority within Meghalaya. 

(2) Nothing in sub-section (1) shall, until Parliament by law otherwise provides, prevent any authority 
within  Meghalaya  from  levying  any  tax  on  any  property  of  the  Union  to  which  such  property  was 
immediately before the commencement of this Act liable or treated as liable so long as that tax continues 
to be levied in Meghalaya. 

(3)  The  property  of  the  State  of  Assam  shall,  so  long  as  the  property  of  Meghalaya  in  the  rest  of 
Assam is exempt from taxes imposed by the Government of Assam or by any authority within the State of 
Assam, be exempt from all taxes imposed by Meghalaya or by any authority within Meghalaya. 

(4)  No  vehicle  registered  at  any  place  in  the  State  of  Assam,  not  being  a  place  in  Meghalaya,  and 
transiting  through  Meghalaya  shall  be  liable  to  any  tax  under  any  law  enacted  by  the  Legislature  of 
Meghalaya so long as any vehicle registered at any place in Meghalaya and transiting through the territory 
of Assam (not comprised in Meghalaya) is exempt from payment of any tax under any law enacted by the 
Legislature of the State of Assam. 

35.  Inconsistency  between  laws  made  by  Parliament  and  laws  made  by  the  Legislature  of 
Meghalaya.—(1)  If  any  provision  of  a  law  made  by  the  Legislature  of  Meghalaya  is  repugnant  to  any 
provision of a law made by Parliament which Parliament is competent to enact, or to any provision of any 
existing law with respect to one of the matters enumerated in the Concurrent List in the Seventh Schedule 
to  the  Constitution,  then,  subject  to  the  provisions  of  sub-section  (2),  the  law  made  by  Parliament, 
whether passed before or after the law, made by the Legislature of Meghalaya, or, as the case may be, the 
existing law, shall prevail and the law made by the Legislature of Meghalaya shall, to the extent of the 
repugnancy, be void. 

12 

 
(2) Where a law made by the Legislature of Meghalaya with respect to one of the matters enumerated 
in the Concurrent List in the Seventh Schedule to the Constitution, which the Legislature of Meghalaya is 
competent  to  enact  under  this  Act  contains  any  provision  repugnant  to  the  provision  of  an  earlier  law 
made  by  Parliament  or  an  existing  law  with  respect  to  that  matter,  then,  the  law  so  made  by  the 
Legislature  of  Meghalaya  shall,  if  it  has  been  reserved  for  the  consideration  of  the  President  and  has 
received his assent, prevail in Meghalaya: 

Provided that nothing in this sub-section shall prevent Parliament from enacting at any time, any law 
with  respect  to  the  same  matter,  including  a  law  adding  to,  amending,  varying  or  repealing  the  law  so 
made by the Legislature of Meghalaya. 

36. Inconsistency between laws made by the Legislature of the State of Assam and laws made by 
the Legislature of Meghalaya.—Where a law made by the Legislature of Meghalaya with respect to one 
of  the  matters  enumerated  in  Part  C  of  the  Second  Schedule  contains  any  provisions  repugnant  to  the 
provision  of  an  earlier  law  made  by  the  Legislature  of  the  State  of  Assam  which  that  Legislature  is 
competent to enact, or to any provision of any existing law with respect to that matter, then, the law so 
made by the Legislature of Meghalaya shall, to the extent of the repugnancy, be void unless the law has 
received  assent  under  section  39  after  the  Governor  has  obtained  the  advice  of  the  Chief  Minister  of 
Assam: 

Provided  that  nothing  contained  in  this  section  shall  prevent  the  Legislature  of  the  State  of  Assam 
from enacting at any time any law with respect to the same matter including a law adding to, amending, 
varying or repealing the law so made by the Legislature of Meghalaya. 

Explanation 1.—In this section and in sections 35 and 59, ―existing law‖ means any law, Ordinance, 
order, bye-law, rule or regulation passed or made before the appointed day by any Legislature, authority 
or person having power to make such a law, Ordinance, order, bye-law, rule or regulation. 

Explanation  2.—In  this  section  and  in  sections  39  and  50,  the  reference  to  the  advice  of  the                

Chief Minister of Assam shall, while a Proclamation issued in relation to the State of Assam under clause 
(1) of article 356 of the Constitution is in operation, be construed as a reference to the instructions from 
the President. 

37. Special provisions as to financial Bills.—(1) A Bill or amendment shall not be introduced into, 
or  moved  in, the  Legislative  Assembly  except  on the  recommendations of the Governor if such  Bill  or 
amendment makes provisions dealing with any of the following matters, namely:— 

(a) the imposition, abolition, remission, alteration or regulation of any tax; 

(b) the regulation of the borrowing of money or the giving of any guarantee by Meghalaya or the 
amendment  of  the  law  with  respect  to  any  financial  obligations  undertaken  or  to  be  undertaken  by 
Meghalaya; 

(c) the custody of the Consolidated Fund or the Contingency Fund of Meghalaya, the payment of 

moneys into, or withdrawal of moneys from, any such Fund; 

(d) the appropriation of moneys out of the Consolidated Fund of Meghalaya; 

(e)  the  declaring  of  any  expenditure  to  be  expenditure  charged  on  the  Consolidated  Fund  of 

Meghalaya, or the increasing of the amount of any such expenditure; 

(f) the receipt of money on account of the Consolidated Fund of Meghalaya or the public account 

of Meghalaya or the custody or issue of such money: 

Provided  that  no  recommendation  shall  be  required  under  this  sub-section  for  the  moving  of  an 

amendment making provision for the reduction or abolition of any tax. 

(2) A Bill or amendment shall not be deemed to make provision for any of the matters specified in 
sub-section (1) by reason only that it provides for the imposition of fines or other pecuniary penalties, or 
for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides 
for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body 
for local purposes. 

13 

 
(3)  A  Bill,  which,  if  enacted  and  brought  into  operation,  would  involve  expenditure  from  the 
Consolidated Fund of Meghalaya shall not be passed by the Legislative Assembly unless the Governor 
has recommended to the Assembly the consideration of the Bill. 

38. Procedure as to lapsing of Bills.—A Bill pending in the Legislative Assembly shall not lapse by 

reason of the prorogation of the Assembly, but shall lapse on a dissolution thereof. 

39. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be presented 
to  the  Governor  and  the  Governor  shall  declare  either  that  he  assents  to  the  Bill  or  that  he  withholds 
assent therefrom or that he reserves the Bill for the consideration of the President: 

Provided  that  the  Governor  may,  as  soon  as  possible  after  the  presentation  to  him  of  the  Bill  for 

assent,  return  the  Bill  if  it  is  not  a  Money  Bill  together  with  a  message  requesting  that  the                
Legislative Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will 
consider the desirability of introducing any such amendments as he may recommend in his message and, 
when a Bill is so returned, the Legislative Assembly shall reconsider the Bill accordingly, and if the Bill 
is passed again by the Assembly with or without amendment and presented to the Governor for assent, the 
Governor shall not— 

(a) give assent in the case of a Bill containing provisions of the nature referred to in section 36 

except after obtaining the advice of the Chief Minister of Assam; 

(b) withhold assent in the case of any other Bill. 

Explanation.—For the purposes of this section and section 40 a Bill shall be deemed to be a Money 
Bill  if  it  contains  only  provisions  dealing  with  all  or  any  of  the  matters  specified  in  sub-section  (1)  of 
section 37 or any matter incidental to any of those matters and there is endorsed thereon the certificate of 
the Speaker of the Legislative Assembly signed by him that it is a Money Bill: 

Provided that a Bill shall not be deemed to be a Money Bill by reason only that  it provides for the 
imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees 
for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or 
regulation of any tax by any local authority or body for local purposes. 

40. Bills reserved for consideration.—When a Bill is reserved by the Governor for the consideration 
of the President, the President shall declare either that he assents to the Bill or that he withholds assent 
therefrom: 

Provided that where the Bill is not a Money Bill, the President may direct the Governor to return the 
Bill to the Legislative Assembly together with such a message as is referred to in section 39, and when a 
Bill is so returned, the Legislative Assembly shall reconsider it accordingly within a period of six months 
from the date of receipt of such message, and if it is again passed by the Legislative Assembly with or 
without amendment, it shall be presented again to the President for his consideration. 

41. Requirements as to sanction and recommendation to be regarded as matters of procedure 
only.—No  Act  of  the  Legislature  of  Meghalaya  and  no  provision  in  any  such  Act  shall  be  invalid  by 
reason only that some recommendation or previous sanction required by the Constitution or this Act was 
not given, if assent to that Act was given— 

(a) where the recommendation required was that of the Governor, either by the Governor or by 

the President; 

(b)  where  the  recommendation  or  previous  sanction  required  was  that  of  the  President,  by  the 

President. 

Procedure in financial matters 

42. Annual Financial Statement.—(1) The Governor shall in respect of every financial year cause to 
be  laid  before  the  Legislative  Assembly  a  statement  of  the  estimated  receipts  and  expenditure  of 
Meghalaya for that year, hereinafter referred to as ―the annual financial, statement‖. 

14 

 
 
 
(2) The estimates of expenditure embodied in the annual financial statement shall show separately— 

(a) the sums required to meet expenditure described by this Act as expenditure charged upon the 

Consolidated Fund of Meghalaya; and 

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund 

of Meghalaya, 

and shall distinguish expenditure on revenue account from other expenditure. 

(3)  The  following  expenditure  shall  be  expenditure  charged  upon  the  Consolidated  Fund  of 

Meghalaya— 

(a) 

the  salaries  and  allowances  of 

the  Speaker  and 

the  Deputy  Speaker  of 

the                       

Legislative Assembly; 

(b) debt charges for which the autonomous State is liable including interest sinking fund charges 
and  redemption  charges,  and  other  expenditure  relating  to  the  raising  of  loans  and  the  service  and 
redemption of debt; 

(c) any sums required to satisfy any judgment, decree or award of any  court or arbitral tribunal; 

and 

(d) any other expenditure declared by the Constitution or by the Legislature of Meghalaya to be 

so charged. 

43. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates as 
relates  to  expenditure  charged  upon  the  Consolidated  Fund  of Meghalaya  shall not  be  submitted  to  the 
vote  of  the  Legislative  Assembly,  but  nothing  in  this  sub-section  shall  be  construed  as  preventing  the 
discussion in the Legislative Assembly of any of those estimates. 

(2)  So  much  of  the  said  estimates  as  relates  to  other expenditure  shall  be  submitted  in  the  form  of 
demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, 
or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount 
specified therein. 

(3) No demand for a grant shall be made except on the recommendation of the Governor. 

44. Appropriation Bills.—(1) As soon as may be after the grants under section 43 have been made 
by the Legislative Assembly, there shall be introduced a Bill to provide  for the appropriation out of the 
Consolidated Fund of Meghalaya of all moneys required to meet— 

(a) the grants so made by the Legislative Assembly; and 

(b) the expenditure charged on the Consolidated Fund of Meghalaya,  

but not exceeding in any case the amount shown in the statement previously laid before the Assembly. 

(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the 
effect of varying the amount or altering the destination of any grant so made or of varying the amount of 
any  expenditure  charged  on  the  Consolidated  Fund  of  Meghalaya,  and  the  decision  of  the  person 
presiding as to whether an amendment is inadmissible under this sub-section shall be final. 

(3)  Subject  to  the  provisions  of  sections  45  and  46,  no  money  shall  be  withdrawn  from  the 
Consolidated Fund of Meghalaya except under appropriation made by law passed in accordance with the 
provisions of this section. 

45. Supplementary, additional or excess grants.—(1) The Governor shall,— 

(a) if the amount authorised by any law made in accordance with the provisions of section 44 to 
be expended for a particular service for the current financial year is found to be insufficient for the 
purposes of that year or when a need has arisen during the current financial year for supplementary or 
additional expenditure upon some new service not contemplated in the annual financial statement for 
that year, or 

15 

 
(b) if any money has been spent on any service during a financial year in excess of the amount 

granted for that service and for that year, 

cause to be laid before the Legislative Assembly another statement showing the estimated amount of that 
expenditure or cause to be presented to the Legislative Assembly a demand for such excess, as the case 
may be. 

(2) The provisions of sections 42, 43 and 44 shall have effect in relation to any such statement and 
expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the 
Consolidated Fund of Meghalaya to meet such expenditure or the grant in respect of such demand as they 
have  effect  in  relation  to  the  annual  financial  statement  and  the  expenditure  mentioned  therein  or  to  a 
demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the 
Consolidated Fund of Meghalaya to meet such expenditure or grant. 

46.  Votes  on  Account  and  exceptional  grant.—(1)  Notwithstanding  anything  in  the  foregoing 

provisions of this Part, the Legislative Assembly shall have power— 

(a)  to  make  any  grant  in  advance  in  respect  of  the  estimated  expenditure  for  a  part  of  any 
financial year pending the completion of the procedure prescribed in section 43 for the voting of such 
grant  and the passing  of the  law in  accordance  with  the  provisions  of  section  44  in  relation  to  that 
expenditure; 

(b)  to  make  a  grant  for  meeting  an  unexpected  demand  upon  the  resources  of  the  autonomous 
State when on account of the magnitude or the indefinite character of the service the demand cannot 
be stated with the details ordinarily given in the annual financial statement; 

(c) to make an exceptional grant which forms no part of the current service of any financial year; 

and the Legislature of Meghalaya shall have power to authorise by law the withdrawal of moneys from 
the Consolidated Fund of Meghalaya for the purpose for which the said grants are made. 

(2) The provisions of sections 43 and 44 shall have effect in relation to the making of any grant under 
sub-section  (1)  and  to  any  law  to  be  made  under  that  sub-section  as  they  have  effect  in  relation  to  the 
making of a grant with regard to any expenditure mentioned in the annual financial statement and the law 
to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of Meghalaya 
to meet such expenditure. 

Procedure generally 

47. Rules of procedure.—(1) The Legislative Assembly may make rules for regulating, subject to the 
provisions of this Act, its procedure and the conduct of its business including the language or languages 
to be used in the Legislative Assembly. 

(2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect 
to the Legislative Assembly of the State of Assam in force immediately before the commencement of this 
Act shall have effect in relation to the Legislative Assembly subject to such modifications and adaptations 
as may be made therein by the Governor. 

48. Restrictions on discussion in the Legislative Assembly.—No discussion shall take place in the 
Legislative Assembly with respect to the conduct of any Judge of the Supreme Court, or of a High Court, 
in the discharge of his duties. 

49. Courts not to enquire into the proceedings of Legislative Assembly.—(1) The validity of any 
proceedings  in  the  Legislative  Assembly  shall  not  be  called  in  question  on  the  ground  of  any  alleged 
irregularity of procedure. 

(2) No officer or member of the Legislative Assembly in whom powers are vested by or under this 

Act  for  regulating  procedure  or  the  conduct  of  business  or  for  maintaining  order,  in  the                    
Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of 
those powers. 

16 

 
 
 
Legislative power of the Governor 

50. Power of Governor to promulgate Ordinances during recess of Legislative Assembly.—(1) If 
at  any  time,  except  when  the  Legislative  Assembly  is  in  session,  the  Governor  is  satisfied  that 
circumstances exist which render it necessary for him to take immediate action, he may promulgate such 
Ordinance as the circumstances appear to him to require: 

Provided  that  the  Governor  shall  not  without  instructions  from  the  President,  promulgate  any  such 

Ordinance, if— 

(a) a Bill containing the same provisions would under the Constitution or this Act have required 
the previous  sanction  of the  President  for  the  introduction thereof into  the  Legislative  Assembly  of 
Meghalaya; or 

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the 

consideration of the President; or 

(c) an Act of the Legislature of Meghalaya containing the same provisions would under this Act 
have been invalid unless, having been reserved for the consideration of the President, it had received 
the assent of the President: 

Provided further that the Governor  shall  not,  except  on the advice  of  the  Chief  Minister  of  Assam, 
promulgate any such Ordinance if with respect to a Bill containing the same provisions he would have 
deemed it necessary under this Act to obtain the advice of the Chief Minister before assenting thereto. 

(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the 

Legislative Assembly assented to by the Governor, but every such Ordinance— 

(a) shall be laid before Legislative Assembly and shall cease to  operate at the expiration of six 
weeks from the reassembly of the Legislative Assembly or if before the expiration of that period a 
resolution disapproving it is passed by the Legislative Assembly, upon the passing of the resolution 
and 

(b) may be withdrawn at any time by the Governor. 

(3) If and so far as an Ordinance under this section makes any provision which would not be valid if 

enacted in an Act of the Legislature of Meghalaya assented to by the Governor, it shall be void: 

Provided that— 

(a) for the purposes of section 35 relating to the effect of an Act of the Legislature of Meghalaya 
which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in 
the Concurrent List in the Seventh Schedule to the Constitution, an Ordinance promulgated under this 
section in pursuance of instructions from the President shall be deemed to be an Act of the Legislature 
which has been reserved for the consideration of the President and assented to by him; 

(b) for the purposes of section 36 relating to the effect of an Act of the Legislature of Meghalaya 
which is repugnant to an Act of the Legislature of the State of Assam or an existing law with respect 
to  a  matter  enumerated  in  Part  C  of  the  Second  Schedule,  an  Ordinance  promulgated  under  this 
section on the advice of the Chief Minister of Assam shall be deemed to be an Act of the Legislature 
which has been assented to on the advice of the Chief Minister. 

PART IV 

FINANCIAL PROVISIONS 

 51.  Consolidated  Fund.—(1)  Subject  to  the  provisions  of  section  52,  all  revenue  received  by  the 
Government  of  Meghalaya,  all  loans  raised  by  that  Government  by  the  issue  of  treasury  bills, loans  or 
ways and means advances and all moneys received by that Government in repayment of loans shall form 
one consolidated fund to be entitled ―the Consolidated Fund of Meghalaya‖. 

(2)  All  other  public  moneys  received  by  or  on  behalf  of  the  Government  of  Meghalaya  shall  be 

credited to the public account of Meghalaya. 

17 

 
(3)  No  moneys  out  of  the  Consolidated  Fund  of  Meghalaya  shall  be  appropriated  except  in 

accordance with law and for the purposes and in the manner provided in this Act. 

52. Contingency Fund.—The Legislature of Meghalaya may, by law, establish a Contingency Fund 
in the nature of an imprest to be entitled ―the Contingency Fund of Meghalaya‖ into which shall be paid 
from time to time such sums as may be determined by such law, and the said Fund shall be placed at the 
disposal  of  the  Governor  to  enable  advances  to  be  made  by  him  out  of  such  Fund  for  the  purposes  of 
meeting  unforeseen  expenditure  pending  authorisation  of  such  expenditure  by  the  Legislature  of 
Meghalaya by law under section 45 or section 46. 

53. Custody of suitors’ deposits and other moneys received by public servants and courts.—All 

moneys received by or deposited with— 

(a)  any  officer  employed  in  connection  with  the  affairs  of  Meghalaya  in  his  capacity  as  such, 

other than revenues or public moneys raised or received by the Government of Meghalaya; or 

(b)  any  court  within  Meghalaya  to  the  credit  of  any  cause,  matter,  account  or  persons  shall  be 

paid into the public account of Meghalaya. 

54. Custody, etc., of Consolidated Fund, Contingency Fund and moneys credited to the public 
account.—The custody of the Consolidated Fund and the Contingency Fund of Meghalaya, the payment 
of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than 
those credited to such Funds received by or on behalf of the Government of Meghalaya, their payment 
into  the  public  account  of  Meghalaya  and  the  withdrawal  of  moneys  from  such  account  and  all  other 
matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature 
of  Meghalaya,  and,  until  provision  in  that  behalf  is  so  made,  shall  be  regulated  by  rules  made  by  the 
Governor. 

55.  Certain  taxes  levied  by  Assam  to  be  appropriated  by  Meghalaya.—(1)  Notwithstanding 
anything contained in this Act, any tax on the consumption or sale of electricity relatable to  entry 53 in 
the State List in the Seventh Schedule to the Constitution, and any tax on the sale or purchase of goods 
relatable  to  entry  54  in  the  said  List  levied  by  the  Government  of  Assam  shall  be  collected  within 
Meghalaya but not including any area comprised within the municipality of Shillong by the Government 
of Meghalaya, and the proceeds in any financial year of any such tax leviable within Meghalaya shall not 
form part of the Consolidated Fund of Assam, but shall form part of the Consolidated Fund of Meghalaya. 

(2) Where a tax relatable to entry 54 in the State List aforesaid levied by the Government of Assam is 
collected by that Government at the first point of sale or purchase of goods, such portion of the tax so 
collected  as  may  be  agreed  upon  by  the  Governments  of  Assam  and  Meghalaya  or  in  default  of  such 
agreement, as such the Central Government may determine, shall be payable to Meghalaya. 

(3) The laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such 
exceptions and modifications as the Central Government, may, by order, specify for the purpose of giving 
effect to the provisions of that sub-section. 

56. Distribution of revenues.—(1) The grants-in-aid under clause (1) of article 275 and the share of 
the taxes on income, the distributable Union duties of excise, the additional duties of excise on goods of 
special importance and estate duty payable to the State of Assam under the Constitution (Distribution of 
Revenues) Order, 1969, the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional 
Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and the Estate Duty (Distribution) 
Act, 1962 (9 of 1962), shall be construed as from the appointed day, as payable to the State of Assam and 
the autonomous State of Meghalaya in such proportion as the President may, by order, determine. 

(2) Every order made by the President under sub-section (1) shall be laid before Parliament as soon as 

may be after it is made. 

57. Authorisation of expenditure pending its sanction by Legislative Assembly.—The Governor 
may,  at  any  time  before  the  appointed  day,  authorise  such  expenditure  from  the  Consolidated  Fund  of 
Meghalaya as he deems necessary for a period of not more than six months beginning with the appointed 
day pending the sanction of that expenditure by the Legislative Assembly: 

18 

 
Provided  that  the  Governor  may,  after  the  appointed  day,  authorise  such  further  expenditure  as  he 
deems necessary from the Consolidated Fund of Meghalaya for any period not extending beyond the said 
period of six months. 

PART V 

ASSETS AND LIABILITIES 

58.  Apportionment  of  assets  and  liabilities.—The  assets  and  liabilities  of  the  State  of  Assam 
immediately  before  the  appointed  day  shall  be  apportioned  between  that  State  and  Meghalaya  in 
accordance with the provisions contained in the Third Schedule. 

PART VI 

ADMINISTRATIVE RELATIONS 

59.  Obligation  of  Meghalaya,  the  State  of  Assam  and  the  Union.—The  executive  power  of 
Meghalaya  shall  be  so  exercised  as  to  ensure  compliance  with  the  laws  made  by  Parliament,  the 
Legislature  of  the  State  of  Assam  and  any  existing  laws  which  apply  in  Meghalaya,  and  the  executive 
power of the Union and of the State of Assam shall extend to the giving of such directions to Meghalaya 
as  may  appear  to  the  Government  of  India  or  the  Government  of  Assam,  as  the  case  may  be,  to  be 
necessary for that purpose. 

60. Control over the autonomous State in certain cases.—The executive power of Meghalaya shall 
be  so  exercised  as  not  to  impede  or  prejudice  the  exercise  of  the  executive  power  of  the  Union  or  the 
Government of Assam, as the case may be, and the executive power of the Union and the State of Assam 
shall extend to the giving of such directions to Meghalaya as may appear to the Government of India or 
the Government of Assam, as the case may be, to be necessary for that purpose. 

61. Entrustment of functions.—Notwithstanding anything in this Act,— 

(a) the  Government  of  Assam  may,  with  the  consent of  the  Government  of  Meghalaya,  entrust 
either conditionally or unconditionally to that Government or to its officers function in relation to any 
matter to which the executive power of the State of Assam extends; 

(b) the Government of Meghalaya may, with the consent for the Government of Assam, entrust 
either conditionally  or unconditionally  to  that  Government  or  to its  officers  functions in  relation to 
any matter to which the executive power of Meghalaya extends. 

PART VII 

TRANSITIONAL PROVISIONS 

62.  Provisions  as  to  Provisional  Legislative  Assembly.—(1)  Until  the  Legislative  Assembly  of 
Meghalaya has been duly constituted and summoned to meet for the first session under the provisions of 
Part III, there shall be a Provisional Legislative Assembly which shall consist of not less than thirty-five 
and not more than fifty-five persons as the Central Government may, after consultation with the Election 
Commission,  by  order,  determine,  and  such  persons  shall  be  elected  in  the  manner  specified  in               
sub-section (2). 

(2) Subject to the provisions of sub-section (1), the members of the Provisional Legislative Assembly 

shall be elected in the following manner, namely:— 

(a) there shall be an electoral college for each autonomous district within Meghalaya which shall 
consist of the elected members of the District Council thereof, and each electoral college shall elect 
such  number  of  persons  to  the  Provisional  Legislative  Assembly  as  the  President  may,  after 
consultation with the Election Commission, by order, determine; 

(b) the election of members to the Provisional Legislative Assembly shall be in accordance with 
the system of proportional representation by means of the single transferable vote and shall be subject 
to such rules as the Central Government may, after consultation with the Election Commission, make 
in this behalf. 

19 

 
(3)  The  Central  Government  may  nominate  to  the  Provisional  Legislative  Assembly  not  more  than 
three persons not being persons in the service of the Government, to represent any minority communities 
in Meghalaya which, in its opinion, need representation in the Assembly. 

(4) No person shall be qualified to be chosen as a member of the Provisional Legislative Assembly 
unless he is a person whose name is for the time being entered in the electoral roll for so much of any 
constituency of the Legislative Assembly of Assam as is comprised within Meghalaya and is not less than 
twenty-five years of age. 

(5) If owing to death, resignation or otherwise, the office of a member of the Provisional Legislative 
Assembly  falls  vacant,  it  may  be  filled  up  as  soon  as  practicable  under  and  in  accordance  with  the 
foregoing provisions of this section. 

(6)  The  term  of  office  of  the  members  of  the  Provisional  Legislative  Assembly  shall  expire 

immediately before the first meeting of the Legislative Assembly duly constituted under this Act. 

(7)  The  election  by  the  electoral  college  under  this  section  shall  not  be  called  in  question  on  the 
ground merely of the existence of a vacancy in the membership of any District Council forming part of 
the electoral college. 

(8)  The  Provisional  Legislative  Assembly  constituted  under  this  section  shall,  for  so  long  it  is  in 
existence, be deemed to be the Legislative Assembly duly constituted under this Act, and accordingly the 
provisions of Part III shall, so far as may be, apply in relation to the Provisional Legislative Assembly as 
they apply in relation to the Legislative Assembly. 

PART VIII 

MISCELLANEOUS PROVISIONS 

63. Special committee for development of Shillong.—The Central Government may, in consultation 
with  the  Governments  of  Assam  and  Meghalaya,  by  order,  constitute  a  committee  consisting  of  such 
number of persons as it may think fit for advising the two Governments on matters of common interests 
with respect to Shillong in the field of education and water  supply in particular, and with respect to its 
development and administration in general. 

Explanation.—In  this  section,  Shillong  shall  mean  the  areas  comprised  within  the  cantonment  and 
municipality of Shillong and include such other areas adjoining the said cantonment or Municipality as 
may be agreed upon by the Governments of Assam and Meghalaya in this behalf. 

64. Provisions as to continuance of courts.—All courts and tribunals and all authorities discharging 
lawful functions throughout Meghalaya or any  part thereof immediately before the appointed day shall, 
unless their continuance is inconsistent with the provisions of this Act or until other provision is made by 
a competent authority, continue to exercise their respective functions. 

65. Provisions relating to services.—(1) Every person who being a member of an All-India Service 
is for the time being borne on the Assam State Cadre of that Service or is otherwise serving in connection 
with the affairs of the State of Assam as a member of Class I service of that State may be required by the 
Government of that State to serve in connection with the affairs of Meghalaya for such period or periods 
as the Government of Assam may, by order, direct: 

Provided that no such order shall be made— 

(a) before the appointed day, except with the approval of the Central Government; and 

(b) on or after the appointed day, except in accordance with such rules as may  be made by the 

Central Government after consultation with the Governments of Assam and Meghalaya. 

(2) Subject to any general or special order which the Central Government may make in this behalf, 
the control over any such person as is referred to in sub-section (1) shall, for so long as he is required to 
serve in connection with the affairs of Meghalaya, be vested in the Government of Meghalaya. 

(3) Such persons serving in connection with the affairs of the State of Assam immediately before the 
appointed  day,  not  being  a  person  referred  to  in  sub-section  (1)  as  may  be  determined  by  agreement, 

20 

 
between the Government of Assam and the Government of Meghalaya or in default of agreement, by the 
Central Government, may, notwithstanding anything in the terms of their appointments or their conditions 
of service, be required to serve in connection with the affairs of the autonomous State. 

(4)  All  previous  service  rendered  by  a  person  referred  to  in  sub-section  (3)  in  connection  with  the 
affairs of the State of Assam shall be deemed to have been rendered in connection with the affairs of the 
autonomous State for the purposes of the rules regulating his conditions of service. 

(5)  Nothing  in  sub-sections  (3)  and  (4)  shall  be  deemed  to  affect  the  power  of  the  Legislature  of 
Meghalaya or the Governor to determine the conditions of service of persons serving in connection with 
the affairs of Meghalaya: 

Provided that the conditions of service applicable immediately before the appointed day to any person 
referred to in sub-section (3) shall not be varied to his disadvantage except with the previous approval of 
the Government of Assam. 

66. Continuance of existing laws and their adaptations.—(1) All laws in force immediately before 
the appointed day in the autonomous State shall continue to be in force therein until altered, repealed or 
amended by a competent legislature or other competent authority. 

(2) For the purpose of facilitating the application in relation to the autonomous State of any law made 
before  the  appointed  day,  the  appropriate  Government  may,  within  two  years  from  that  day,  by  order, 
make such adaptations or modifications of the law, whether by way of repeal or amendment, as may be 
necessary  or  expedient  and  thereupon  every  such  law  shall  have  effect  subject  to  the  adaptations  and 
modifications so made until altered, repealed or amended by a competent legislature or other competent 
authority. 

Explanation.—In  this  section,  the  expression  ―appropriate  Government‖  means  as  respects  any  law 

relating  to  a  matter  enumerated  in  the  Union  List  in  the  Seventh  Schedule  to  the  Constitution,  the               
Central Government, as respects any law relating to a matter in the Second Schedule, the Government of 
Meghalaya, and, as respects any other law, the Government of Assam. 

67.  Autonomous  State  to  be  a  State  for  certain  purposes  of  the  Constitution.—Subject  to  the 
other  provisions  contained  in  this  Act,  reference  to  a  State  (by  whatever  form  of  words)  in  any  of  the 
following articles of the Constitution shall be construed as including a reference to the autonomous State, 
namely:— 

Articles 12 to 15 (inclusive), 16 [except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive), 
31A, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1)(f), 131, 138, 149, 150, 151, 161, 209, 210, 233, 
234,  235,  237,  251,  252,  256  to  258A  (inclusive),  261,  262,  263,  268,  269,  270,  272,  274  to  280 
(inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324 
to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350A, 350B, 353, 355 to 358 
(inclusive), 360, 361, 364 to 367 (inclusive). 

Explanation.—Reference  in  any  of  the  articles  above  specified  to  the  High  Court  or  to  the                    

State  Public  Service  Commission  shall  be  construed  as  reference  to  the  High  Court  of  Assam  or  the 
Public Service Commission of the State of Assam, as the case may be. 

68.  Power  of  Governments  of  Assam  and  Meghalaya  to  carry  on  trade,  etc., 
Meghalaya.—(1) The executive power which the Government of Assam may exercise under article 298 
in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of 
property  and the  making  of  contracts  for  any  purpose  shall, in  so  far  as  such trade  or business  or  such 
purpose is not one with respect to which the Legislature of the State of Assam may make laws, be subject 
to legislation by the Legislature of Meghalaya. 

in                

(2)  The  executive  power  which  the  Government  of  Meghalaya  may  exercise  under  article  298  in 
Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of 
property and the making of contracts of for any purpose shall, in so far as such trade or business or such 
purpose is not one with respect to which the Legislature of Mehgalaya may make laws, be subject also to 
legislation by the Legislature of the State of Assam. 

21 

 
69.  Power  to  suspend  provisions  of  this  Act 

in  case  of  failure  of  constitutional                         

machinery.—Where  a  Proclamation  is  issued  under  article  356  in  respect  of  Meghalaya,  the  President 
may, by the same Proclamation or a subsequent Proclamation varying it, suspend also, in whole or in part, 
the operation of any of the provisions of this Act. 

70.  Construction  of reference  to  “State”  and  “State  Government”  in  other  laws  in  relation  to 
Meghalaya.—Without  prejudice  to  the  provisions  of  sections  66  and  71  the  Central  Government  may, 
after  consulting  the  Government  of  Assam,  by  notification  in  the  Official  Gazette,  declare  that  any 
reference to a ―State‖ in a Central Act specified in the notification shall, in its application to Meghalaya, 
be  construed  as  a  reference  to  the  whole  or  any  part  of  Meghalaya  and  any  reference  to  ―State 
Government‖  in  a  Central  Act  specified  in  the  notification  shall  in  its  application  to  Meghalaya  be 
construed as a reference to the Central Government.  

71. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been 
made under section 66 for the adaptation of a law made before the appointed day, any court, tribunal or 
authority required or empowered to enforce such law may, for the purpose of facilitating its application in 
relation to the autonomous State, construe the law in such manner not affecting the substance as may be 
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be. 

72. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have 

effect notwithstanding anything inconsistent therewith contained in any other law. 

73.  Power  to  remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of 
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to 
him to be necessary or expedient for the purpose of removing the difficulty. 

(2)  Every  order  made  under  this  section  shall  be  laid  before  both  Houses  of  Parliament  as  soon  as 

may be after it is made. 

74.  Amendment  of  the  Sixth  Schedule.—The  Sixth  Schedule  in  the  Constitution  shall  stand 

amended as specified in the Fourth Schedule. 

75.  Amendment  of  Act  2  of  1934.—In  section  21A  of  the  Reserve  Bank  of  India  Act,  1934,  in             

sub-section (1) , after the words ―any State‖, the brackets and words ―(including the autonomous State of 
Meghalaya)‖ shall be inserted. 

76.  Amendment  of  Act  37  of  1956.—In  section  16  of  the  States  Reorganisation  Act,  1956,  in              

sub-section (1) , for clause (d), the following clause shall be substituted, namely:— 

―(d) in the case of the Eastern Zone,— 

(i)  the  Chief  Minister  and  another  Minister  of  the  autonomous  State  of  Meghalaya  to  be 
nominated by the Governor of  Assam and if there is no Council of Ministers therein, not more 
than  two  members  from  the  autonomous  State  of  Meghalaya  to  be  nominated  by  the             
President; and 

(ii) the person for the time being holding the office of the Adviser to the Governor of Assam 

for Tribal areas.‖. 

77. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to give effect to the provisions of this Act. 

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each 
House of Parliament, while it is in session for a total period of thirty days which may be comprised in one 
session  or  1[in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid], both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be, so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

1.  Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 

22 

 
                                                           
THE FIRST SCHEDULE 

(See sections 7, 16 and 26) 

FORMS OF OATHS OR AFFIRMATIONS 

I 

Form of oaths or affirmation to be made by a candidate for election to the Legislative Assembly:— 

―I,  A.B.,  having  been  nominated  as  a  candidate  to  fill  a  seat  in  the  Legislative  Assembly  of 
that I will bear true faith and allegiance to the Constitution of

swear in the name of God     

Meghalaya do 

                                  solemnly affirm

as by law established and that I will uphold the sovereignty and integrity of India.‖. 

II 

Form of oath or affirmation to be made by a member of the Legislative Assembly:— 

―I,  A.B.,  having  been  elected  (or  nominated)  a  member  of  the  Legislative  Assembly  of 
Meghalaya   do swear in the name of God  that I will bear true faith and allegiance to the Constitution                 

solemnly affirm 

of  India as by law established, and that I will uphold the sovereignty and integrity of India and 
that I will faithfully discharge the duty upon which I am about to enter.‖. 

III 

Form of oath of office for a member of the Council of Ministers:— 

―I, A.B., do 

swear in the name of God that I will bear true faith and allegiance to the Constitution 
solemnly affirm 

of  India  as  by  law  established,  that  I  will  uphold  the  sovereignty  and  integrity  of  India,  that  I  will 
faithfully and conscientiously discharge my duties as Minister for Meghalaya, and that I will do right 
to  all  manner  of  people  in  accordance  with  the  Constitution  and  the  law  without  fear  or  favour, 
affection or ill-will.‖. 

Form of oath of secrecy for a member of the Council of Ministers:— 

IV 

―I, A.B., do swear in the name of God that I will not directly or indirectly communicate or reveal to any 

solemnly affirm 

person or persons any matter which shall be brought under any consideration or shall become known 
to me as a Minister for Meghalaya except as may be required for the due discharge of my duties as 
such Minister.‖. 

23 

 
 
  
 
 
THE SECOND SCHEDULE 

(See sections 33 and 36) 

AUTONOMOUS STATE LIST 

[See section 33(1)] 

Matters with respect to which the Legislative Assembly has exclusive power to make laws. 

The following matters enumerated or to the extent included in List II—State List1. 

PART A 

1. Village and town police within the meaning of clause (f) of sub-paragraph (1) of paragraph 3 

of the Sixth Schedule to the Constitution (Entry 2). 

2.  Administration  of  justice,  constitution  and  organisation  of  all  courts,  except  the  Supreme 
Court and the High Court; procedure in rent and revenue courts; fees taken in all courts except the 
Supreme Court and the High Court (Entry 3). 

3. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons 
detained therein; arrangements with the State of Assam and other States for the use of prisons and 
other institutions (Entry 4). 

4.  Local  Government,  that  is  to  say,  the  constitution  and  powers  of  municipal  corporations, 
improvement trusts, district boards, mining settlement authorities and other local authorities for the 
purpose of local self-Government or village administration (Entry 5). 

5. Public health and sanitation; hospitals and dispensaries (Entry 6). 

6. Pilgrimages, other than pilgrimages to places outside India (Entry 7). 

7.  Intoxicating  liquors,  that  is  to  say,  the  production,  manufacture,  possession,  transport, 

purchase, and sale of intoxicating liquors (Entry 8). 

8. Relief of the disabled and unemployable (Entry 9). 

9. Burials and burial grounds: cremations and cremation grounds (Entry 10). 

10. Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of 

List I and Entry 25 of List III (Entry 11). 

11. Libraries, museums and other similar institutions controlled or financed by the autonomous 
State;  ancient  and  historical  monuments  and  records  other  than  those  declared  by  or  under  law 
made by Parliament to be of national importance (Entry 12). 

12. Communications, that is to say, roads, bridges, ferries and other means of communication 
not specified in List I, but excluding roads, bridges and ferries declared by the Legislature of Assam 
by law to be State highways; municipal tramways; ropeways; inland waterways and traffic thereon 
subject to the provisions of List I and List III with regard to such waterways; vehicles other than 
mechanically propelled vehicles (Entry 13). 

13.  Agriculture,  including  agricultural  education  and  research,  protection  against  pests  and 

prevention of plant disease subject to the provisions of entry 1 of Part C (Entry 14). 

14.  Preservation,  protection  and  improvement  of  stock  and  prevention  of  animal  diseases; 

veterinary training and practice (Entry 15). 

15. Pounds and the prevention of cattle trespass (Entry 16). 

1 NOTE.—Reference in this Schedule to List I, List II or List III or to entries therein are reference to the said list 
or entries therein the Seventh Schedule to the Constitution; and references in brackets at the end of each entry are 
references to the corresponding entries in List II or List III in the said Schedule and have been inserted for the sake 
of convenience only. 

24 

 
                                                           
 
16.  Water,  that  is  to  say,  water  supplies,  irrigation  and  canals,  drainage  and  embankments, 
water  storage  and  water  power,  subject  to  the  provisions  of  entry  56  of  List  I,  but  excluding         
water-supplies, irrigation and canals, drainage and embankments, water storage and water power in 
relation to irrigation, hydro-electric and navigation projects financed by the Government of Assam 
wholly  or in  part and  declared  by  the  Legislature  of the  State  of  Assam  by  law  to  be projects of 
State Importance (Entry 17). 

17. Land, that is to say, rights in or over land, land tenures including the relation of landlord 
and  tenant;  and  the  collection  of  rents;  transfer  and  alienation  of  agricultural  land;  land 
improvement and agricultural loans, colonization (Entry18). 

18. Forests, subject to the provisions of entry 2 of Part C (Entry 19). 

19. Protection of wild animals and birds (Entry 20). 

20. Fisheries (Entry 21). 

21. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached 

estates (Entry 22). 

22.  Regulation  of  mines  and  mineral  development  subject  to  the  provisions  of  List  I  with 

respect to regulation and development under the control of the Union (Entry 23). 

23. Gas and gas-works (Entry 25). 

24. Trade and Commerce within the autonomous State subject to the provisions of entry 33 of 

List III (Entry 26). 

25. Markets and fairs (Entry 28). 

26. Weights and measures except establishment of standards (Entry 29). 

27. Money-lending and money-lenders; relief of agricultural indebtedness (Entry 30). 

28. Inns and inn-keepers (Entry 31). 

29. Incorporation, regulation and winding up of universities; unincorporated trading, literary, 

scientific, religious and other societies and associations; co-operative societies (Entry 32). 

30.  Theatres  and  dramatic  performances;  cinemas  subject  to  the  provisions  of  entry  60  of  

List I; sports, entertainments and amusements (Entry 33). 

31. Betting and gambling (Entry 34). 

32.  Works,  lands  and  buildings  vested  in  or  in  the  possession  of  the  autonomous  State          

(Entry 35). 

33. Elections to the legislature of the autonomous State subject to the provisions of any law 

made by Parliament (Entry 37). 

34.  Salaries  and  allowances  of  members,  Speaker  and  Deputy  Speaker  of 

the                 

Legislative Assembly (Entry 38). 

35. Powers, privileges and immunities of the Legislative Assembly and of the members and 
committees  thereof,  enforcement  of  attendance  of  persons  for  giving  evidence  or  producing 
documents before committees of the Legislature of Meghalaya (Entry 39). 

36. Salaries and allowances of Ministers for the autonomous State (Entry 40). 

37. Public Services of the autonomous State (Entry 41). 

38. Pensions payable by the autonomous State or out of the Consolidated Fund of Meghalaya 

(Entry 42). 

39. Public debt of the autonomous State (Entry 43). 

40. Treasure trove (Entry 44). 

25 

 
41.  Land  revenue,  including  the  assessment  and  collection  of  revenue,  the  maintenance  of 

land  records,  survey  for  revenue  purposes  and  records  of  rights,  and  alienation  of  revenue            
(Entry 45). 

42. Taxes on agricultural income (Entry 46). 

43. Duties in respect of succession to agricultural land (Entry 47). 

44. Estate duty in respect of agricultural land (Entry 48). 

45. Taxes on lands and buildings (Entry 49). 

46. Taxes on mineral rights subjects to any limitations imposed by Parliament by law relating 

to mineral development (Entry 50). 

47.  Duties  of  excise  of  the  following  goods  manufactured  or  produced  in  the  autonomous 
State  and  countervailing  duties  at  the  same  or  lower  rates  on  similar  goods  manufactured  or 
produced elsewhere in India:— 

(a) alcoholic liquors for human consumption; 

(b) opium, Indian hemp and other narcotic drugs and narcotics; 

but  not  including  medicinal  and  toilet  preparations  containing  alcohol  or  any  substance  included  in            
sub-paragraph (b) of this entry (Entry 51). 

48.  Taxes  on  the  entry  of  goods  into  a  local  area  for  consumption,  use  or  sale  therein            

(Entry 52). 

49.  Taxes  on  advertisements  other  than  advertisements  published  in  the  newspapers              

(Entry 55). 

50. Taxes on goods and passengers carried by road or on inland waterways (Entry 56). 

51.  Taxes  on  vehicles,  whether  mechanically  propelled  or  not,  suitable  for  use  on  roads 

including tram-cars subject to the provisions of entry 35 of List III (Entry 57). 

52. Taxes on animals and boats (Entry 58). 

53. Tolls (Entry 59). 

54. Taxes on profession, trades, callings and employments (Entry 60). 

55. Capitation taxes (Entry 61). 

56. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling 

(Entry 62). 

57. Rates of stamp duty in respect of documents other than those specified in the provisions 

of List I with regard to rates of stamp duty (Entry 63). 

58. Any other matter not enumerated in this Part and in respect of which a District Council 
has power to make laws under paragraph 3 of the Sixth Schedule in the Constitution, to the extent 
to which it is not included in entry 16 of this Part and entry 2 of Part C. 

59. Offences against laws with respect to any of the matters in this Part (Entry 64). 

60. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the 

matters in this Part (Entry 65). 

61. Fees in respect of any of the matters in this Part, but not including fees taken in any court 

(Entry 66). 

PART B 

The following matters enumerated or to the extent included in List III—Concurrent List. 

1.  Marriage  and  divorce;  wills,  intestacy  and  succession;  social  customs;  appointment  or 

succession of Chiefs or Headmen (Entry 5). 

26 

 
2. Offences against laws with respect to any of the matters in this Part (Entry 1). 

3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the 

matters in this Part (Entry 46). 

4. Fees in respect of any of the matters in this Part, but not including fees taken in any court 

(Entry 47). 

Concurrent List between the autonomous State and the State of Assam 

PART C 

(See section 33 (2)) 

Matters  with  respect to  which the  Legislature  of  Meghalaya  and the  Legislature  of the  State  of 
Assam  also  have  power  to  make  laws,  namely,  the  following  matters  enumerated  or  to  the  extent 
included in List II –State List and List III—Concurrent List. 

1. Scheme of agriculture designed to benefit both the areas of the autonomous State as well as 

the rest of Assam (Entry 14 of List II). 

2.  Conversion  of  forests  in  catchment  areas  of  projects  referred  to  in  entry  16  of  Part  A, 
financed by the Government of Assam wholly or in part and declared by the Legislature of the 
State of Assam by law to be projects of State importance (Entry 19 of List II). 

3. Industries subject to the provisions of entries 7 and 52 of List I (Entry 24 of List II). 

4.  Production,  supply  and  distribution  of  goods,  subject  to  the  provisions  of  entry  33  of            

List III (Entry 27 of List II). 

5. Removal from the autonomous State to any other area of the State of Assam or to any other 

State of prisoners and accused persons (Entry 4 of List III). 

6. Transfer of property other than agricultural land, subject to entry 58 of Part A; registration 

of deeds and documents (Entry 6 of List III). 

7. Economic and social planning (Entry 20 of List III). 

8. Acquisition and requisitioning of property (Entry 42 of List III). 

9. Recovery in the autonomous State of claims in respect of taxes and other public demands, 
including  arrears  of  land  revenue  and  sums  recoverable  as  such  arrears,  arising  outside  the 
autonomous State (Entry 43 of List III). 

10. Inquiries and statistics for the purposes of any of the matters specified in this Schedule 

(Entry 45 of List III). 

11. Offences against laws with respect to any of the matters in this Part (Entry 64 of List II 

and Entry 1 of List III). 

12. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the 

matters in this Part (Entry 65 of List II and Entry 46 of List III). 

13. Fees in respect of any of the matters in this Part, but not including fees taken in any court 

(Entry 66 of List II and Entry 47 of List III). 

27 

 
 
 
THE THIRD SCHEDULE 

(See section 58) 

APPORTIONMENT OF ASSETS AND LIABILITIES 

1. Definitions.—In this Schedule:— 

(a) ―purpose of the autonomous State‖ means a purpose relatable to any of the matters in respect 

of which the Legislature of Meghalaya has power to make laws under this Act; and 

(b) ―population ratio‖, in relation to Meghalaya means such ratio as Central Government may, by 
order,  specify  as  the  ratio  between  the  population  as  ascertained  at  the  last  preceding  census  of 
Meghalaya and the rest of the State of Assam. 

2. Lands and goods.—(1) Subject to the other provisions contained in this Schedule, all land and all 
stores, articles and other goods held by the State of Assam within the territories of Meghalaya shall, on 
the appointed day, pass to Meghalaya, if the purposes for which they were held will be purposes of the 
autonomous State. 

(2) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the 
areas comprised partly in Meghalaya and partly in the rest of Assam and unissued stores shall be divided 
between 
Central Government may think fit to issue for a just and equitable distribution thereof. 

in  accordance  with  such  directions  as 

the  State  of  Assam  and  Meghalaya 

the                             

Explanation—In  this  paragraph,  the  expression  ―land‖  includes  immovable  property  of  every 
description and any rights in or over such property, and the expression  ―goods‖ does not include coins, 
bank notes and currency notes. 

3.  Treasury  and  bank  balances.—The  total  of  the  cash  balances  in  all  treasuries  of  the  State  of 
Assam  and  the  balances  of  that  State  with  the  Reserve  Bank  of  India  or  any  other  bank  immediately 
before the appointed day shall be divided between the State of Assam and Meghalaya according to the 
population ratio: 

Provided  that  for  the  purpose  of  such  division  there  shall  be  no  transfer  of  cash  balance  from  any 
treasury  to  any  other  treasury,  and  the  apportionment  shall  be  effected  by  adjusting  the  balance  of  the 
States of Assam and Meghalaya in the books of the Reserve Bank of India on the appointed day or in such 
other manner as the Central Government may, by order, direct. 

4.  Arrears  of  taxes.—Meghalaya  shall  have  the  right  to  recover  the  arrears  of  any  tax  or  duty, 
including the arrears of land revenue, on property situate in Meghalaya, and shall also have the right to 
recover  the  arrears  of  any  other  tax  or  duty  if  the  place  of  assessment  of  that  tax  or  duty  is  located  in 
Meghalaya: 

Provided  that  nothing  in  this  paragraph  shall  apply  in  relation  to  arrears  of  any  tax  or  duty  which 

Meghalaya is not competent to collect. 

5.  Right  to  recover  loans  and  advances.—(1)  The  right  to  recover  any  loans  or  advances  made 
before the appointed day by the State of Assam to any local body, society, agriculturist or other person in 
Meghalaya  shall  belong  to  Meghalaya,  if  the  purpose  for  which  the  loans  or  advances  were  made  will 
thereafter be a purpose of the autonomous State. 

(2) The right to recover loans and advances of pay and travelling allowances to a Government servant 
made before the appointed day by the State of Assam shall pass to Meghalaya if, after the appointed day, 
that  Government  servant  is  required  to  serve  in  connection  with  the  affairs  of  Meghalaya  under                  
sub-section (3) of section 65. 

6. Investments and credits in certain funds.—The investments made before the appointed day from 
the Cash Balance Investment Account and any other general fund of the State of Assam shall, after the 
appointed day, be divided between the States of Assam and Meghalaya according to the population ratio; 
and the investments in any special fund the objects of which are confined to a local area in Meghalaya 
shall pass to Meghalaya if such investment relates to a purpose of the autonomous State. 

28 

 
7. Assets and liabilities of State undertakings and investments.—(1) The assets and liabilities in 
Meghalaya  on  the  appointed  day  relating  to  any  commercial  or  industrial  undertaking  of  the  State  of 
Assam  other  than  an  undertaking  on  which  the  State of  Assam  has  incurred  a  capital  outlay  exceeding 
rupees  fifty  lakhs  or  a  Government  company  shall,  after  the  appointed  day,  pass  to  Meghalaya  if  the 
purpose of the undertaking relates to a purpose of the autonomous State. 

(2) Where a depreciation reserve fund is maintained by the State of Assam for any such undertaking 
as is referred to in sub-paragraph (1), the securities held in respect of such investments made from that 
fund shall pass to Meghalaya. 

(3) The investments of the State of Assam made before the appointed day in any body corporate or 
co-operative  society  whose  area  of  operation  or  jurisdiction  extends  to  areas  comprised  partly  within 
Meghalaya and partly within the rest of the State of Assam, or in any Government company or private 
commercial or industrial undertaking, shall, if the  Central Government so directs, be allocated between 
the Government of Assam and the Government of Meghalaya in such proportion as may be agreed upon 
between the two Governments within one year from the date of the direction aforesaid or, in default of 
such agreement, as the Central Government may by order direct. 

8. Public debt.—(1) The public debt of the State of Assam attributable to loans raised by the issue of 
Government  securities  and  outstanding  with  the  public  immediately  before  the  appointed  day  shall 
continue to be the public debt of that State, and Meghalaya shall be liable to pay to the State of Assam its 
share of the sums due’ from time to time for the servicing and repayment of the debt. 

(2)  For  the  purpose  of  determining  the  share  referred  to  in  sub-paragraph  (1),  the  debt  shall  be 

deemed  to  be  divided  between  the  States  of  Assam  and  Meghalaya  as  if  it  were  a  debt  referred  to  in            
sub-paragraph (4). 

(3)  Out  of  so  much  of  the  public  debt  of  Assam,  other  than  the  public  debt  referred  to  in                   

sub-paragraph (1), as is equal to the amount of loans and advances made by that State and outstanding on 
the appointed day, the share of the liability of Meghalaya shall be for an amount equal to the loans and 
advances recoverable by Meghalaya under paragraph 5. 

(4)  The  remaining  public  debt  of  the  State  of  Assam  attributable  to  loans  taken  from  the                   

Central  Government,  the  Reserve  Bank  of  India  or  any  other  body  or  bank  outstanding  immediately 
before the appointed day, shall be divided between the State of Assam and Meghalaya in proportion to the 
total capital expenditure on all capital works and other capital outlays incurred or deemed to have been 
incurred by the State of Assam up to the appointed day and the total expenditure on all capital works and 
other capital outlays incurred or deemed to have been incurred up to that day in Meghalaya for purposes 
of the autonomous State. 

(5) For the purposes of this paragraph, ―Government security‖ means a security created and issued by 
the State of Assam for the purpose of raising a public loan and having any of the forms specified in, or 
prescribed under clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944). 

9.  Refund  of  taxes  collected  in  excess.—After  the  appointed  day,  it  shall  be  the  liability  of 
Meghalaya  to  refund  any  tax  or  duty  on  property,  including  land  revenue,  collected  in  excess  on  any 
property situate in Meghalaya or any other tax or duty collected in excess, if the place of assessment of 
that tax or duty is situate in Meghalaya. 

Provided that nothing in this paragraph shall apply to the refund of any tax or duty which Meghalaya 

is not competent to collect. 

10. Deposits, etc. —The liability of the State of Assam in respect of any civil deposit or local fund 
deposit  made  before  the  appointed  day  in  any  place situate  in Meghalaya,  shall  become  the liability  of 
Meghalaya if the deposit is for any purpose of the autonomous State. 

11. Provident Fund.—The liability of the State of Assam in respect of the Provident Fund account of 
a Government servant required to serve in connection with the affairs of Meghalaya under sub-section (3) 
of section 65 shall, on and from the appointed day, be the liability of Meghalaya. 

29 

 
12.  Pensions.—The  liability  of  the  State  of  Assam  or  Meghalaya  in  respect  of  pensions  shall  be 
apportioned between the two in such manner as may be agreed upon between them or in default of such 
agreement, in such manner as the Central Government may, by order, specify. 

13. Contracts.—(1) Where, before the appointed day, the State of Assam has made any contract in 
the exercise of its executive power for any of the purposes of that State, that contract shall be deemed to 
have been made in the exercise of the executive power of Meghalaya if the purpose is as from that day 
exclusively a purpose of the autonomous State, and all rights and liabilities which have accrued, or may 
accrue under any such contract shall, to the extent to which they would have been rights or liabilities of 
Assam, be rights or liabilities of Meghalaya. 

(2) For the purposes of this paragraph, there shall be deemed to be included in the liabilities which 

have accrued or may accrue under any contract— 

(a) any liability to satisfy an order or award made by any court or tribunal in proceedings relating 

to the contract; and 

(b) any liability in respect of expenses incurred in, or in connection with, any such proceedings. 

(3)  This  paragraph  shall  have  effect  subject  to  the  other  provisions  of  this  Schedule  relating  to  the 
apportionment  of  liabilities  in  respect  of  loans,  guarantees  and  other  financial  obligations;  and  bank 
balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt 
with under those provisions. 

14.  Liability  in  respect  of  actionable  wrong.—Where,  immediately  before  the  appointed  day,  the 
State of Assam is subject to any liability in respect of an actionable wrong other than a breach of contract, 
that  liability  shall  be  the  liability  of  Meghalaya  if  it  relates  thereafter  to  a  purpose  of  the                  
autonomous State. 

15.  Liability  as  guarantor.—Where,  immediately  before  the  appointed  day,  the  State  of  Assam  is 
liable  as  guarantor  in  respect  of  any  liability  of  a  registered  co-operative  society  or  other  person,  that 
liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State. 

16.  Items  in  suspense.—If  any  item  in  suspense  relating  to  a  purpose  of  the  autonomous  State  is 
ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs 
of this Schedule, it shall be dealt with in accordance with that provision. 

17.  Residuary  provisions.—The  benefit  or  burden  of  any  asset  or  liability  of  the  State  of  Assam 
which relates to a purpose of the autonomous State and which is not dealt with in any of the foregoing 
paragraphs of this Schedule, shall pass to Meghalaya. 

18.  Apportionment  of  assets  and  liabilities  by  agreement.—Where  the  States  of  Assam  and 
Meghalaya  agree  that  the  benefit  or  burden  of  any  particular  asset  or  liability  should  be  apportioned 
between them in a manner other than that as provided for in the foregoing paragraphs of this Schedule, 
then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be 
apportioned in the manner agreed upon. 

19. Power of Central Government to order allocation or adjustment in certain cases.—Where, 
by virtue of any of the provisions of this Schedule, the State of Assam or Meghalaya is entitled to any 
property,  or  obtains  any  benefits  or  becomes  subject  to  any  liability  and  the  Central  Government  is  of 
opinion, on a reference made to it within a period of three years from the appointed day by the State of 
Assam or the autonomous State, as the case may be, that it is just and equitable that that property or those 
benefits  should  be  transferred  to  one  of  the  two  States  or  shared  between  them,  or  that  a  contribution 
towards  that  liability  should  be  made  by  either  of  the  States,  the  said  property  or  benefits  shall  be 
allocated  in  such  manner,  or  Meghalaya  or  the  State  of  Assam  shall  make  to  the  other  State  primarily 
subject  to  the  liability  such  contribution  in  respect  thereof,  as  the  Central  Government  may,  after 
consultation with the Government of Assam and the Government of Meghalaya, by order, determine. 

30 

 
 
 
THE FOURTH SCHEDULE 

(See section 74) 

AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION 

1.  In  the  Sixth  Schedule  to  the  Constitution  (hereinafter  referred  to  as  the  Sixth  Schedule),  in                 

sub-paragraph (3) of paragraph 1, after clause (f), the following clause shall be inserted, namely:— 

―(ff) alter the name of any autonomous district,‖; 

2. In paragraph 2 of the Sixth Schedule,— 

(i) for sub-paragraph (1) , the following sub-paragraph shall be substituted, namely:— 

―(1)  There  shall  be  a  District  Council  for  each  autonomous  district  consisting  of  not  more 
than thirty members, of whom not  more than four persons shall be nominated by the Governor 
and the rest shall be elected on the basis of adult suffrage.‖; 

(ii) in sub-paragraph (6)— 

(a) in clause (e), for the words ―such Councils‖, the words ―Regional Councils‖ shall be 

substituted; 

(b)  in  clause  (g),  after  the  words  ―conduct  of  business‖,  the  brackets  and  words 

―(including the power to act notwithstanding any vacancy)‖ shall be inserted; 

(iii) after sub-paragraph (6) the following sub-paragraph shall be inserted, namely:— 

―(6A)  The  elected  members  of  the  District  Council  shall  hold  office  for  a  term  of               

five  years  from  the  date  appointed  for  the  first  meeting  of  the  Council  after  the  general 
elections to the Council, unless the District Council is sooner dissolved under paragraph 16 
and a nominated member shall hold office at the pleasure of the Governor: 
Provided  that  the  said  period  of  five  years  may,  while  a  Proclamation  of  Emergency  is  in 
operation or if circumstances exist which, in the opinion of the Governor, render the holding of 
elections  impracticable,  be  extended  by  the  Governor  for  a  period  not  exceeding  one  year  at  a 
time and in any case where a Proclamation of Emergency is in operation not extending beyond a 
period of six months after the Proclamation has ceased to operate: 

Provided further that a member elected to fill a casual vacancy shall hold office only for the 

remainder of the term of office of the member whom he replaces.‖; 

(iv) in sub-paragraph (7)— 

(a) after the words ―make rules‖, where they first occur the words ―with the approval of 
the  Governor‖  shall  be  inserted,  and  where they  occur  a  second  time,  the  words  ―with  like 
approval‖ shall be inserted; 

(b) the second proviso shall be omitted. 
3. In paragraph 3 of the Sixth Schedule, in sub-paragraph (1),— 

(i)  in  the  proviso  to  clause  (a),  for  the  words  ―Government  of  Assam‖,  the  words 
―Government of Assam or the Government of Meghalaya‖ shall be substituted; 
(ii) for clause (i), the following clause shall be substituted, namely:— 

―(i) ―marriage and divorce;‖. 

4.  In  paragraph  4  of  the  Sixth  Schedule,  the  following  sub-paragraph  shall  be  inserted  at  the  end, 

namely:— 

―(5) On and from such date as the President may, after consulting the Government of Assam or, 
as  the  case  may  be,  the  Government  of  Meghalaya,  by  notification  appoint  in  this  behalf,  this 
paragraph shall have effect in relation to such autonomous district or region as may be specified in 
the notification, as if— 

(i)  in  sub-paragraph  (1),  for  the  words  ―between  the  parties  all  of  whom  belong  to               
Scheduled  Tribes  within  such  areas,  other  than  suits  and  cases  to  which  the  provisions  of              

31 

 
sub-paragraph (1) of paragraph 5 of this Schedule apply,‖, the words ―not being suits and cases of 
the nature referred to in sub-paragraph (1) of paragraph 5 of this Schedule, which the Governor 
may specify in this behalf,‖ had been substituted; 

(ii) sub-paragraphs (2) and (3) had been omitted; 

(iii) in sub-paragraph (4)— 

(a) for the words ―A Regional Council or District Council, as the case may be, may with 
the previous approval of the Governor make rules regulating‖, the words ―The Governor may 
make rules regulating‖ had been substituted; and 

(b) for clause (a), the following clause had been substituted, namely:— 

―(a)  the  constitution  of  village  councils  and  courts,  the  powers  to  be  exercised  by 

them  under  this  paragraph  and  the  courts  to  which  appeals  from  the  decisions  of            
village councils and courts shall lie‖; 

(c) for clause (c), the following clause had been substituted, namely:— 

―(c) the transfer of appeals and other proceedings pending before the Regional or 
District Council or any court constituted by such Council immediately before the date 
appointed by the President under sub-paragraph (5);‖, and 

(d) in clause (e), for the words, brackets and figures ―sub-paragraphs (1) and (2)‖, 

the word, brackets and figures ―sub-paragraph (1) ― had been substituted.‖. 

5. In paragraph 5 of the Sixth Schedule, after sub-paragraph (3), the following sub-paragraph shall be 

inserted, namely:— 

―(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in 
relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, 
in  its  application  to  that  district  or  region,  be  deemed  to  authorise  the  Governor  to  confer  on  the 
District  Council  or  Regional  Council  or  on  courts  constituted  by  the  District  Council  any  of  the 
powers referred to in sub-paragraph (1) of this paragraph.‖. 

6. For paragraph 6 of the Sixth Schedule, the following paragraph shall be substituted, namely:— 

―6. Powers of the District Council to establish primary schools, etc.—(1) The District Council 
for  an  autonomous  district  may  establish,  construct,  or  manage  primary  schools,  dispensaries, 
markets, cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, 
with the previous approval of the Governor, make regulations for the regulation and control thereof 
and,  in  particular,  may  prescribe the  language  and  the  manner  in  which  primary  education shall be 
imparted in the primary schools in the district. 

(2)  The  Governor  may,  with  the  consent  of  any  District  Council  entrust  either  conditionally  or 
unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, 
community  projects,  co-operative  societies,  social  welfare,  village  planning  or  any  other  matter  to 
which the executive power of the State of Assam or Meghalaya, as the case may be, extends.‖. 

7. In paragraph 7 of the Sixth Schedule, for sub-paragraph (2), the following sub-paragraphs shall be 

substituted, namely:— 

―(2) The Governor may make rules for the management of the District Fund, or, as the case may 
be, the Regional Fund and for the procedure to be followed in respect of payment of money into the 
said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter 
connected with or ancillary to the matters aforesaid. 

(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept 
in  such  form  as  the  Comptroller  and  Auditor-General  of  India  may,  with  the  approval  of  the 
President, prescribe. 

(4) The Comptroller and Auditor-General, shall cause the accounts of the District and Regional 
Councils  to  be  audited  in such  manner  as  he  may  think  fit,  and  the  reports  of  the  Comptroller  and 

32 

 
Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to 
be laid before the Council.‖ 

8. In paragraph 8 of the Sixth Schedule, in sub-paragraph (4), the following words shall be inserted at 

the end, namely:— 

―and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, 
shall have no effect.‖ 

9. After paragraph 12 of the Sixth Schedule, the following paragraph shall be inserted, namely:— 

―12A. Special provisions as respects application of laws in Meghalaya.—(1) Notwithstanding 

anything contained in paragraph 12,— 

(a) if any provision of a law made by a District or Regional Council in Meghalaya with 

to  any  of 

the  matters 

specified 
respect 
sub-paragraph  (1)  of  paragraph  3  of  this  Schedule  is  repugnant  to  any  provision  of  a  law 
made  by  the  Legislature  of  the  State  of  Assam  with  respect  to  any  project  declared  by  the 
Legislature of that State to be of State importance, then, the law made by the District Council 
or, as the case may be, the Regional Council, whether made before or after the law made by 
the Legislature of the, State of Assam, shall, to the extent of the repugnancy, be void and the 
law made by the Legislature of the State of Assam shall prevail; 

(b)  or  clause 

in  clause 

(c)  of                                             

(b) if any provision of a law made by a District or Regional Council in Meghalaya with 

respect  to  any  of  the  matters  specified  in  clause  (b)  or  clause  (c)  or  clause  (f)  of                    
sub-paragraph  (1)  of  paragraph  3  of  this  Schedule  is  repugnant  to  any  provision  of  a  law 
made by the Legislature of Meghalaya with respect to that matter, then, the law made by the 
District Council or, as the case may be, the Regional Council, whether made before or after 
the law made by the Legislature of Meghalaya shall to the extent of repugnancy, be void and 
the law made by the Legislature of Meghalaya shall prevail. 

(2)  If  it  appears  to  two  or  more  District  Councils  or  Regional  Councils  in  Meghalaya  to  be 
desirable that any of the matters with respect to which they have power to make laws under paragraph 
3 of this Schedule should be regulated by the Legislature of Meghalaya by law, and if resolutions to 
that  effect  are  passed  by  the  said  District  Councils  or  Regional  Councils,  it  shall  be  lawful  for  the 
Legislature of Meghalaya to pass an Act regulating that matter accordingly, and any Act so passed 
shall apply to the autonomous districts or regions concerned, and to any other autonomous district or 
region  the  District  or  Regional  Council  whereof  adopts  it  afterwards  by  resolution  passed  in  this 
behalf. 

(3) Any Act passed by the Legislature of Meghalaya under sub-paragraph (2) of this paragraph 
may be amended or repealed by an Act of the Legislature of Meghalaya passed in like manner, but 
shall not, as respects any autonomous district or region to which it applies, be amended or repealed by 
any law made by the District or Regional Council thereof. 

(4) The Governor may, with respect to any Act of the Legislature of the State of Assam, and the 
President may, with respect to any Act of Parliament, by public notification direct, that it shall not 
apply  to  Meghalaya,  or  shall  apply  thereto,  or  to  any  part  thereof  subject  to  such  exceptions  or 
modifications as he may specify in the notification, and any such direction may be so given as to have 
retrospective effect. 

(5)  The  provisions  of  clause  (b)  of  sub-paragraph  (1)  of  paragraph  12  shall  not  apply  to 

Meghalaya.‖ 

10. In sub-paragraph (1) of paragraph 15 of the Sixth Schedule, after the words ―safety of India‖, the 

words ―or is likely to be prejudicial to public order‖ shall be inserted. 

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11. Paragraph 16 of Sixth Schedule shall be re-numbered as sub-paragraph (1) of that paragraph, and 

to that paragraph as so re-numbered the following sub-paragraphs shall be added, namely:— 

―(2) If at any time the Governor is satisfied that a situation has arisen in which the administration 
of  an  autonomous  district  or  region  cannot  be  carried  on  in  accordance  with  the  provisions  of  this 
Schedule,  he  may,  by  public  notification,  assume  to  himself  all  or  any  of  the  functions  or  powers 
vested  in  or  exercisable  by  the  District  Council  or,  as  the  case  may  be,  the  Regional  Council  and 
declare  that  such  functions  or  powers  shall  be  exercisable  by  such  person  or  authority  as  he  may 
specify in this behalf, for a period not exceeding six months: 

Provided that  the  Governor  may  by  a  further  order or  orders  extend  the  operation  of the initial 

order by a period not exceeding six months on each occasion. 

(3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be 
laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from 
the date on which the State Legislature first sits after the issue of the order, unless, before the expiry 
of that period it has been approved by the State Legislature.‖ 

12. After paragraph 20 of the Sixth Schedule, the following paragraph shall be inserted, namely:— 

―20A. Interpretation.—(1) In this Schedule,— 

(a)  ―Governor‖,  in relation  to  Meghalaya,  means  the Governor  of  Assam  acting  on 
the aid and advice of the Council of Ministers for Meghalaya; except in so far as he is by 
or under this Schedule required to exercise his functions in his discretion or to exercise 
his powers under sub-paragraph (4) of paragraph 12A; 

(b) ―Meghalaya‖ means the autonomous State formed under article 244A. 

(2) Subject to any express provision made in this behalf, the provisions of this Schedule 

shall, in their application to Meghalaya, have effect— 

(i)  as  if  references  to  the  Government  of  Assam,  State  of  Assam,  State  and 
Legislature  of  the  State  were  references  respectively  to  the  Government  of  Meghalaya, 
the autonomous State of Meghalaya, Meghalaya and the Legislature of Meghalaya; 

(ii)  as  if  in  paragraph  13,  the  words  and  figures  ―under  article  202‖  had  been 

omitted.‖ 

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